The Council Of The University Of Ibadan V N.k. Adamolejun (1967)
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ADEMOLA, C.J.N.
For the avoidance of doubt in regard to appeals in proceedings which were already in existence at the time when the Court of Appeal was set up in what was formerly known as the Western Region of Nigeria, and in order to facilitate further steps which may be deemed desirable in the present circumstances, we have decided to record here briefly our views and decision in the motion before us, spending such time as we shall give full reasons for our judgement.
We are in no doubt that section 35 of the Court of Appeal Edict, W.N., No. 15 of 1967, is inconsistent with the right of direct appeal from the High Court to the Supreme Court under section 117 of the Constitution of the Federation.
The aforesaid section 35 of the aforesaid Edict (No. 15 of 1967) is therefore, in our view, by reason of inconsistency void, pursuant to section 3 (4) of Degree No.1 of 1966.
We are therefore of the opinion that this Court is competent to entertain the present application before it. The appeal, the Area Of Law of the motion before us should, in our view, come to the Supreme Court directly for hearing, and we do hereby grant the prayers sought in this application.
ADEMOLA, C.J.N. (giving the reasons for the decision of the Court)-We now give reasons for allowing the application of the defendants in this matter. Arguments were heard by us on the 12th and 13th June, and on Monday, the 26th day of June, 1967, we delivered our judgement.
The defendants in the above-named matter were aggrieved by the judgement given in the High Court of Ibadan, delivered by Kester, Acting Chief Justice, on1st November, 1966.
On the 4th November, 1966, the defendants filed notice of appeal against the judgement, and on 2nd June, 1967, applied for an order for accelerated hearing of the appeal and for a consequential order directing the Registrar of the High Court of Ibadan to despatch the record of appeal to this Court for the purpose of hearing and determination of the appeal.
The affidavit in support of the motion states, inter alia,that the preparation of the documents to be in the record of appeal has been unduly delayed. The last three paragraphs of the affidavit are as follows:-
‘9. That the composition of the Council of the University of Ibadan had been altered and the new Council consists largely of new members.
10. That Chief Williams has informed me and I verily believe that at its first meeting on the 18th of May, 1967, the new Council decided that necessary application be made for the accelerated hearing of the case involving the plaintiff who was the Registrar of the University at all material times.
11. That to the best of my knowledge, information and belief, the reasons why the Council desires an accelerated hearing are as follows:-
(a) The uncertainty about the validity of the claims of the Registrar against the Council has made it difficult for the largely new members of the Council to come to a final decision of the issue.
(b) The members of the Council are anxious to know the limits of their powers and those of the Vice Chancellor which are in issue in these proceedings.
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